Utilization of surplus soil materials

Last updated: 24.10.2023

Surplus soil materials are formed, for example, from the demolition of roadside ditches and various construction and earthworks works. If the excavated soil is utilized in the immediate vicinity of the excavation site, the utilization does not usually require an environmental protection authority's approval procedure. Also in a situation where surplus land exploitation the property has been treated, for example, within the framework of a building permit, landscape work permit or plan marking, and the surplus soil does not need to be temporarily stored before utilization, and usually does not require a separate approval from the environmental protection authority.

An exception to the above may be a situation where the intended utilization site is located in a groundwater area or in the immediate vicinity of a water body. Surplus soil materials can also be delivered to a licensed landfill, in which case there is no need to contact the environmental protection authority.

In other situations, the utilization of surplus land should submit the plan to the environmental protection authority, which assesses whether the measure requires an environmental permit or whether it can be approved with an official statement. Advance assessment is important in order to avoid unpleasant surprises, which may be related to, for example, environmental pollution or the fact that the soil material is ultimately not suitable for its intended use. If you are unsure about the need for a plan, you can contact environmental control before drawing up and submitting the plan.

The plan is submitted to the registry office at least 30 days before the planned utilization and must contain at least the following information:

USEFUL SOIL
  • the origin of the soil to be exploited
    • the location of the excavation site
    • possible project to which the excavation is related, contact person for the project
  • the amount of usable soil
  • the quality of the soil to be used
    • soil type/s (gravel, clay, sand, moraine, etc.)
    • whether organic matter (e.g. vegetation and root system) is removed from the soil before utilization
  • information about the non-perishability and quality assurance of the soil to be used
    • are there possible polluting factors at or near the excavation site (e.g. highway, fuel tank, waste water discharge site, etc.)
    • or from the previous use of the property (virgin soil, residential property, industrial property, road area, etc.)
UTILIZATION
  • place of utilization (address, property code, location on the map)
  • intended time of utilization
  • reason and justification for utilization
  • position drawing or similar, which shows the extent of utilization
  • information about the structure of the filling (layer thickness, possible covering, etc.)
  • information about commercial water wells, sources, water bodies located near the utilization site

In assessing the need for an environmental permit, the key evaluation criterion is whether the soil to be used is considered waste or not. If the soil to be utilized is considered waste, an environmental permit is required for utilization, as the processing of waste is subject to an environmental permit. If the soil is not classified as waste, utilization may be possible without an environmental permit.

The main evaluation criteria of the waste nature of soil materials, on the basis of which it can be stated that excavated soil is not waste, are:

  • the concentrations of harmful substances contained in the soil do not cause environmental pollution or its danger
    • concentrations of harmful substances fall below the threshold values ​​according to Government Regulation 214/2007 OR
    • the harmful substance concentration exceeds the threshold value, but falls below the background concentration of the planned utilization site
  • further use of the soil is certain
    • the soil is delivered from the excavation site directly to the site of use and is not temporarily stored for a long time
  • the further use of soil is planned, i.e. there is a real need for its use
    • this basically means that the measure would be carried out anyway with other (e.g. purchased) land if there were no surplus land available
  • the soil can be further used as it is without conversion operations
    • a conversion operation is considered a chemical or biological treatment whose purpose is to change the chemical properties of the substance or other waste properties in such a way as to reduce the harm or danger caused by the waste to the environment and health
    • mere sorting, screening, mixing, crushing or stabilization are not conversion operations

 

In addition to the amount of waste, the assessment of the need for an environmental permit is influenced by the amount of surplus land, the environmental conditions of the utilization site (possible sensitive sites such as groundwater areas, waterways, etc.) and the technical suitability of the soil materials for the planned utilization site.

The assessment of the waste situation in surplus lands and, through it, the need for a permit is based on the Waste Act and the Environmental Protection Act. The advance procedure not only ensures that exploitation takes place in accordance with legislation, but above all prevents environmental pollution and secures the background of landowners planning exploitation and operators operating excavation works. If the project's need for a permit has not been clarified in advance, the work may have to be suspended while the investigation is carried out.

Risk of environmental pollution

The dumping of surplus land can at worst result in the pollution of groundwater or well water, changes in the conditions of groundwater formation or, for example, clouding of water bodies or an increase in solid matter loading, if, for example, the soil to be spread is not suitable for the location, the amount to be spread is too large, or the soil contains a significant amount or particularly harmful harmful substances . A large amount of organic matter (such as plants and root systems) in the soil can also cause challenges, because oxygen is consumed from the soil as the organic matter decomposes.

Pollution of the environment can occur, even if the spreading itself seems small and insignificant, if, for example, it is directed to a particularly sensitive area or the soil is significantly different in relation to the location. It is much easier and cheaper to prevent environmental pollution in advance than to fix it afterwards. For example, it may be impossible to ever clean polluted groundwater or to restore the lost trout population in a stream. It is good to remember that the person causing the pollution is responsible for repairing the pollution.

Suitability of the soil for the purpose of use

In addition to the risk of environmental pollution, problems can arise from the fact that the soil to be used is not suitable for its purpose. In this case, there is a risk, for example, that the body of the road will not withstand use, the embankment will collapse or water will start to stand at the place where the soil is poured. When accepting surplus soil, one must be careful that only such soil materials are accepted that are suitable for their technical properties not only for the purpose of use but also for the place of utilization in terms of location. For example, a large amount of organic matter in the soil or an excessively uniform grain size of the soil can weaken the stability of the soil. Clay soil, on the other hand, is poorly permeable to water, which can cause waterlogging problems.